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(영문) 서울서부지방법원 2013.05.21 2013고단589

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

At around 15:00 on January 20, 2013, the Defendant, while driving a road in front of the Yongsan-gu Seoul Metropolitan Government National Bank 648, which is located in an intersection of the accounting division at the seat of the hotel for a poping line without any reason, was driving the central line at a part facing the direction of the steering. On the part of the part of the victim D (68 years old)'s driver's seat of the said K5-si, the Defendant got off the part of the part of the victim D (68 years old)'s driver's seat of the said K5-si, and got out without any rescue or necessary measures. At the same time, the Defendant, while driving the said rocketing taxi with approximately two weeks of medical treatment, destroyed the 2,123,000 won of repairing expenses and immediately stopped it.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Written statements;

1. Efabbbbling images to caps;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the joining the Financial Cooperative, reflectability and damage relatively minor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act regarding community service order;